Appeal No. 2001-0622
Application No. 08/594,202
103 as unpatentable over Farwell, Tanaka and Henry.
Reference is made to the briefs and answer for the
respective positions of appellant and the examiner.
OPINION
It is the examiner’s position that Farwell discloses a
communication mode change technique in which a communication unit
performs a communication mode change from a first communication
path to a base station 1 to a second communication path
communicating to a base station 2 having an identity in response
to a received handoff message 220. According to the examiner,
Farwell discloses the claimed subject matter but for the mode
change being user initiated, for which the examiner relies on
Tanaka, and the feature of informing the home system of the new
communication path, for which the examiner relies on Henry.
We will not sustain the rejection of claims 1-3, 7-11 and
15-18 under 35 U.S.C. 103 because, in our view, the examiner has
not set forth a prima facie case of obviousness.
The claims require that a user initiate a communications
mode change “from a first communication path...to a second
-3–
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